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Home My WebLink About03-005~~~ 0~ SUP,, •~ ~;~ ~~;. .• .. ... '- Resolution No. 03-oos RESOLUTION CALLING FOR PUBLIC HEARING AND BALLOT PROCEEDING TO CONSIDER INCREASEll SERVICE CHARGES IN A SPECIFIED COUNTY SERVICE AREA FOR FISCAL YEAR 2003-2004 ANll FUTURE FISCAL YEARS WHEREAS, the parcel owners within County Service Area 149, Biggers Subdivision, have proposed and consented to a ballot proceeding to increase their maximum per parcel charge to provide an assurance that snow removal services would not be discontinued once budgeted funds had been depleted, and WHEREAS, the Board wishes to give notice of and hold a public hearing to consider levying such new service charges for fiscal year 2003/2004 and future fiscal years on the parcels shown on the current tax roll in accordance with the procedures specified in Government Code Section 25210.77a, Butte County Code Section 21-85 et seq., and Article XIII D, Section 6, of the Califoi~lia Constitution, and to consider protests filed against such increased service charges. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors as follows: That a public hearing is set for March 1 1, 2003 at 10:30 a.m. pursuant to Article 7 of Chapter 2.2 of Part I of Division 2 of Title 3 of Government Code (commencing with Section 25210.70) and Article VI of Chapter 21 of the Butte County Code (commencing with Section 21-85) to hear and consider all objections or protests, if any, and to adopt, revise, change, reduce or modify any charge as described in the report and thereafter, by resolutions, to confirm the report a-1d levy the charges, in an amount not exceeding the amounts set forth in Exhibit A for fiscal year 2003/2004 and future fiscal years for the Biggers Subdivision. 2. The Clerk of the Qoard of Supervisors ("Clerk") is directed to conduct a ballot proceeding in connection with the hearing, to publish notice of the hearing, as required by Butte County Code Section 21-88, and to mail the notice, as required by Seetian 6 (a) of Article XIII D of the California Constitution, to the record owner of each identified parcel upon which the new charge is proposed for levying. The notice shall include the amount of the proposed new charge, the basis upon which the amount of the proposed new charge was calculated, the reason for the new charge, and the date, true and location of the public hearing. Notices mailed shall also include a ballot identifying the Assessor Parcel Number of the property and including spaces for the property owner to vote "Yes" to approve the new charge or "No" to disapprove the new charge and shall include information stating that the ballots shall be submitted to the Clerk as specified in Section 3k below. A "No" vote shall be treated as a protest against the new charge. 3. The Clerk of the Board of Supervisors (`°Clerk"), with the assistance of the Public Works Department, Auditor-Controller and the Assessor, is directed to conduct the ballot proceeding required by paragraph 2 above in substantial compliance with the following procedures and requirements: a) The ballot proceeding shall be conducted on March 1 1, 2003, which is a date more than 45 days after the adoption of this Resolution, pursuant to the requirements of Section 2 and following procedures similar to those specified in Section 4 (d) and (e), of Article XIII D of the California Constitution, as specified below. b) The ballot proceeding shall be conducted in conjunction with the protest hearing and will be referred to as a "Property Owner Qallot Proceeding". c) The Auditor-Controller shall provide the Clerk with a certified copy of the portion of the current tax roll relating to the property which would be subject to the charge. d) Forty-five (45} days prior to the ballot proceeding the Clerk shall mail ballot proceeding materials, including the notice referred to in Section 2 above, to the legal owner of each parcel of real property subject to the charges within the County Service Area, as their names and addresses appear on the said tax roll. e) The ballot proceeding materials mailed to each owner shall identify the County Service Area and shall include information regarding the purpose of the ballot proceeding, a ballot, and an addressed return envelope with postage pre-paid. fj One vote may be cast as to each parcel of real property. g) The person entitled to exercise the vote shall be the owner of the property as identified on the current tax roll. h} Tl1e "owner of the property", or the authorized representative of the legal owner, may exercise the vote. i} Where there are multiple legal owners, only one of them may exercise the vote on behalf of the property. j) The person exercising the vote shall sign a declaration on the ballot, under penalty of perjury, stating that he or she is entitled to vote because he or she is a legal owner of the property, is authorized by the legal owner(s), or is a tenant who will be directly liable to pay the charge. k) Each ballot shall be returned to the Butte County Clerk of the Board in a sealed envelope. The ballot may be mailed or personally delivered but must be received not later than the close of the hearing. A ballot postmarked prior to but not received by the close of the hearing will not be counted. 1) The Clerk of the >3oard may process the ballots upon receipt but shall not release any vote-count infot~nlation until after the close of the hearing. m) The Clerk of the Board shall certify the ballot proceeding results to the Board of Supervisors upon the close of the hearing, and shall request the Board of Supervisors to accept the results. n} "The Clerk of the Board shall retain the ballots for six (6) months after the ballot proceeding. o} Upon acceptance of the ballot proceeding results by the Board of Supervisors, the new and/ar increased charge, if approved by a majority vote of the affected property owners submitting ballots, will be established, and the maximum permissible charge per parcel of real property per year will be the "Total Charge" amount set forth on Exhibit A attached hereto. p) If any new andtor increased charge is established, the Board may at a future time direct the Auditor to place the "Total Charge" on the 2003-2004 and future tax bills. Provided, however, that if the final budget adopted for the County Service Area is less than the proposed budget upon which the "Total Charge" amount was based, then the Auditor will be directed to make a corresponding reduction in the service charge to be placed on the tax bills. q) If any new and/or increased charge is not approved by a majority vote of the affected property owners submitting ballots, such charge shall not be established in this CSA, and the maximum permissible charge per parcel of real property per year in that CSA will remain the amount of the "Existing Charge" therein set forth in Exhibit A. 3 4. It is found that the fee which this Resolution establishes, or establishes subject to approval by the property owners in a ballot proceeding: do not exceed the cost of the services to be provided in the County Service Area; are to be used only for the purpose of providing the extended services in the County Service Area; do not exceed the proportional cost of the extended services to be provided to each affected parcel of real property; and are for extended services which are used by or immediately available to the owner of each such affected parcel of real property. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this I4`" day of January 2003, by the following vote: AYES: Supervisors Dolan, Houx, Josiassen, Yamaguchi. and Chair Beeler NOES: None ABSENT: None NOT VOTING : None =~~ K. J. Beeler , C}lalr, Butte County Board of Supervisors ATTEST: PAUL MCINTOSH, Chief Administrative Officer and Clerk of the Board of supervisors r 4 U:~CSA AcamNciCSA 1491Agenda Ibr Resolution Establishing increase Service Charges draft CSA 14 ).doe EXHIBIT A COUNTY OF BUTTE -COUNTY SERVICE AREA INCREASED SERVICE CHARGE ESTABLISHED SUBJECT TO APPROVAL BY BALLOT PROCEEDING CSA# CSA Name Existing Char e Increase Established Total Char e 149 Biggers Subdivision 103.56 302.98 406.54 U:ACSA Accounts\CSA I491Agcndu for Rc~olutinn E,~nblishing Incmnsc Service C`hargcs Jrall CSA lA2doc